Breastfeeding is a fundamental right that benefits both mothers and their infants. For working mothers in Pennsylvania, balancing employment responsibilities with breastfeeding can be challenging. Fortunately, federal and state laws provide protections to ensure that mothers can express milk at work without facing discrimination or hardship. Employers need to comply with these regulations, which safeguard a mother's right to breastfeed while maintaining a productive work environment.

This article explores the legal rights of breastfeeding mothers in Pennsylvania, detailing federal and state laws, employer responsibilities, and legal recourse available to employees facing violations.

Federal Protections for Breastfeeding Mothers

At the federal level, the Fair Labor Standards Act (FLSA) includes provisions under the Break Time for Nursing Mothers Act, which requires employers to provide accommodations for breastfeeding employees. These protections apply to most workplaces, ensuring that mothers have a private, non-bathroom space to express milk and enough break time to do so.

Break Time Requirements

• Employers must provide reasonable break time for mothers to express breast milk for up to one year after the birth of a child.
• The number and length of breaks vary based on individual needs, though short and frequent breaks are commonly required.
• Employers are not obligated to compensate employees for these breaks unless the employer already provides paid breaks and the employee chooses to use them for pumping.

Private Space Requirements

• Employers must offer a private, non-bathroom space that is shielded from view and free from intrusion.
• The designated area must be functional for milk expression, meaning it should have a chair, a flat surface for equipment, and access to an electrical outlet.
• A temporary space is acceptable if it meets privacy requirements and is available when needed.

Exemptions for Small Employers

Employers with fewer than 50 employees is able to claim an exemption from these requirements if they can prove that compliance would impose a significant hardship on business operations. However, they must provide substantial evidence to support their claim.

Pennsylvania State Laws on Breastfeeding in the Workplace

While Pennsylvania does not have its own law mandating workplace lactation accommodations beyond federal requirements, state policies do support breastfeeding rights in various ways.

Protection Against Workplace Discrimination

Under the Pennsylvania Human Relations Act (PHRA), discrimination against employees for pregnancy or related medical conditions—including lactation—may be considered a form of sex discrimination. Employers who deny accommodations to breastfeeding mothers while granting accommodations for other medical needs could be in violation of this law.

Public Breastfeeding Rights

Pennsylvania law explicitly allows mothers to breastfeed in any public or private location where they are otherwise permitted to be. This right extends to workplaces with public spaces, such as retail stores and office buildings. Employers cannot prohibit an employee from breastfeeding in areas where she is legally allowed to be.

State-Sponsored Workplace Support Programs

Although Pennsylvania does not impose additional legal requirements beyond federal law, the state encourages businesses to create breastfeeding-friendly workplaces. The Pennsylvania Department of Health provides resources and recommendations to help employers establish supportive environments for nursing employees.

Employer Responsibilities and Best Practices

While laws set the minimum requirements, many employers go beyond the legal mandate to support breastfeeding mothers. Companies that implement comprehensive lactation policies benefit from increased employee satisfaction, reduced absenteeism, and improved workplace morale.

Recommended Employer Practices

• Establish Clear Policies: Employers should have a written lactation policy that outlines break time, designated spaces, and procedural guidelines for requesting accommodations.
• Provide Flexible Break Schedules: Since milk production is biologically driven, flexibility in break times helps employees maintain their breastfeeding schedule.
• Ensure Workplace Privacy: Employers should clearly communicate to staff that the lactation space is off-limits to unauthorized personnel to prevent disruptions.
• Offer Refrigeration Options: While not required by law, offering access to a refrigerator for storing expressed milk supports a mother’s ability to continue breastfeeding.
• Encourage a Supportive Culture: Educating employees and supervisors on breastfeeding rights reduces stigma and fosters a more inclusive work environment.

Legal Recourse for Violations

If an employer fails to comply with lactation accommodation laws, affected employees can take several steps to address the issue.

Internal Complaint Process

Employees should first attempt to resolve concerns by discussing them with their human resources department or direct supervisor. Employers are required to engage in good faith discussions to provide reasonable accommodations.

Filing a Complaint with the U.S. Department of Labor

If internal resolutions fail, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD investigates claims and may require the employer to take corrective action.

Filing a Discrimination Complaint

Employees who believe they have faced discrimination because of breastfeeding or lactation needs can file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). Retaliation for requesting lactation accommodations is also illegal under these agencies' jurisdiction.

Legal Action

In cases where violations persist, employees may seek legal representation to file a lawsuit for damages, including back pay, reinstatement, and compensatory damages for emotional distress. Employers who fail to comply with federal and state requirements may also face civil penalties.

The Impact of Workplace Breastfeeding Support

Research indicates that workplace support for breastfeeding mothers benefits both employees and businesses. Studies show that businesses with lactation support programs experience:

• Lower turnover rates among new mothers.
• Reduced absenteeism, as breastfed infants tend to have fewer illnesses.
• Higher productivity and morale, as employees feel valued and supported.
• Improved public image, particularly for companies seeking to attract and retain female talent.

According to the Centers for Disease Control and Prevention (CDC), about 60% of working mothers stop breastfeeding earlier than they intend due to lack of workplace support. Ensuring proper accommodations can help close this gap, leading to better health outcomes for both mothers and infants.

Conclusion

Pennsylvania’s laws for breastfeeding mothers in the workplace align primarily with federal regulations, requiring employers to provide time and space for lactation needs. While the state does not have additional workplace mandates, employees are protected under discrimination laws that prevent unfair treatment due to lactation-related needs.

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